Caveat IP Lawyer – Beware The Office of Enrollment and Discipline Violating The USPTO’s Reciprocal Discipline Rules

Michael E. McCabe, Jr.OED, Office of Enrollment and Discipline, PTO Ethics Decisions, Reciprocal Discipline0 Comments

At first glance, the USPTO’s most recently published disciplinary decision seems relatively bland and altogether innocuous. The case of In re Juliet M. Oberding, Proceeding No. D2016-06 (USPTO Dir. Feb. 12, 2016) involves a California-based trademark attorney who told a client on several occasions, over the course of roughly 18 months, that the client’s trademark application was being processed by … Read More

State Bar Discipline Can Be Hazardous To IP Attorneys’ Right To Practice Before The USPTO (Part 2 of 2)

Michael E. McCabe, Jr.IP Ethics, Reciprocal Discipline, USPTO Director Decisions0 Comments

This is the second of a two-part series on reciprocal discipline in the USPTO.  To read the first part click here. Once the notice requirements set forth in Sections 11.24(a) and (b) have been satisfied, Section 11.24(d) dictates the manner in which the disciplinary hearing shall proceed. In accordance with Section 11.24(d), “the USPTO Director shall hear the matter . . … Read More